The Criminal Court, Qasr El-Nil district, found the defendants, in case No. 284, 2015, innocent. The defendants are members of the Socialist Alliance and were convicted of violating the “rule of protest” when marching in Tahrir Square in spirit of the 4th anniversary of the 2011 Egyptian Revolution during which Shaimaa El-Sabagh, also a member of the socialist alliance group, was killed.

The defendants were released once before from the same court, however the district office revoked that decision and convicted the defendants for protesting without a permit in Tahrir Square. This is the same march where activist Shaimaa El-Sabagh died and others were injured.

The Egyptian Organization of Human Rights followed this case closely as its chairman—Hafez Abu Saeda—along with the Ali Soliman, Tarek Negeda, Mohamed Abdel Aziz and others—all served on the defense team in favor of the Socialist Alliance group members.

In his argument, Mr. Hafez Abu Saeda pointed out that the defendants were first questioned as witnesses then as suspects in the same investigation. Constitutionally, this should make the investigation annulled and invalid as it reflects a violation of the law on behalf of the investigating detective according to articles 331 and 333 in the Egyptian Constitution.

The Egyptian Organization of Human Rights emphasizes that the “right to peaceful protest” is a universal human right recognized in relevant international treaties. The Egyptian constitution also recognizes the same right in article 73 stating: “civilians have the right to organize general meetings, marches and protests, and all other forms of peaceful non-violent protests, without having to inform any state authorities.” Article 73 article further emphasizes that security and police forces should not attend, watch, or follow protests and those involved. The same rule of protest is included under article 21 of the International Treaty for Civil and Political Rights, under article 20 of the Universal Declaration of Human Rights, and under article 11 of the European Treaty of Human Rights.

In conclusion, the Egyptian Organization of Human Rights urges the government of Egypt to revise article 107 of 2013 in the constitution, which restricts the right of Egyptian civilians to protest peacefully.

This entry was posted on Saturday, October 24th, 2015 at 10:30 am
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